So my daughter was backing out of driveway and a car hit her. Not sure whose fault it is but I believe the other car was driving too fast and should have seen her but my daughter says she did not see her so it's probably her fault

The other girl was in a hurry and just got my daughters phone number and no police were called. We have at least 500 damage to our car and now the girl is going to get estimates and wants us to pay the damage to her car, does my daughter have to pay?

Does your daughter have auto insurance?

She is under our insurance

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Originally Posted by ceilingtile

does my daughter have to pay?

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Hello c:

Yes. She cannot enter a thoroughfare without checking to see if it's clear. It wasn't, so it's her fault.

excon

You have reported this to your insurance company, right?

Your insurance will pay the other vehicle's damages and, if you have collision coverage, your damages less the deductable.

A person backing out of a driveway is required to yield to traffic in the thoroughfare. Therefore, your daughter will probably be held to be at fault. To get any sort of shared liability you would have to prove the other driver was driving recklessly and that would be very hard to prove.

File a claim with your insurer and let them take care of it.

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Originally Posted by ScottGem

A person backing out of a driveway is required to yield to traffic in the thoroughfare. ...

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It's generally a good idea to have the habit of backing into a driveway when you arrive. The way I look at it, it is less likely for this sort of thing to happen that way.

Makes for quicker get-aways too. :D By the way, why is this in "criminal law"? {not any longer}